Minutes of Council - 20 August 2014

Ordinary Meeting Minutes

Held on Wednesday, 20 August 2014

at Council Chambers, Bega commencing at 2.00 pm

Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

Acting General Manager and Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community Relations and Leisure, Mr Simon Schweitzer

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Minute Secretary, Ms Janelle Curtis

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the shire – the people of Yuin nation and show our respect to elders past and present.

Confirmation of Minutes

175/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 30 July 2014 as circulated, be taken as read and confirmed.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

2.	Apologies
	There were no apologies.

3. Declarations

There were no declarations of interest

4. Deputations (by prior arrangement)

Suspension of Standing Orders

176/14

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

That Standing Orders be suspended to allow the following persons to address Council regarding:

8.1 Appendix 3 Matter at Lot 171 DP 750238 Old Mill Road, Wolumla

Mr Robin Savage on behalf of Ms Nola Ashby

8.2 Finalisation of Rural Residential Lot Sizes Planning Proposal

Ms Nina Vipond

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Mr Savage addressed Council and responded to questions from Councillors

Ms Vipond addressed the Council for five minutes.

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

That an extension of two minutes be granted to allow Ms Vipond to complete her address and to respond to questions from Councillors.

The Mayor thanked the speakers for their addresses.

5. Petitions

There were no petitions

6. Mayoral Minutes

There were no Mayoral Minutes.

Adjournment into Standing Committees

177/14

RESOLVED on the motion of Crs Seckold and Mawhinney

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

2.14 pm The Ordinary meeting adjourned and formed in the committee.

8. Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.

8.1

Appendix 3 Matter at Lot 171 DP 750238 Old Mill Road, Wolumla

178/14

RESOLVED on the motion of Crs Allen and Seckold

That the matter be deferred in keeping with Council’s Code of Meeting Practice and that the land owner be requested to seek the assistance of a qualified surveyor to prepare an indicative lot layout to enable staff to provide a further report to Council.

In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Cr Hughes

8.2

Finalisation of Rural Residential Lot Sizes Planning Proposal

RESOLVED on the motion of Crs Mawhinney and Seckold

That each item be heard separately.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

RESOLVED on the motion of Crs McBain and Fitzpatrick that

a) That Council defers the item regarding Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 and adjoining properties at Bermagui Cobargo Road, Coolagolite in order to undertake a site inspection.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

RESOLVED on the motion of Crs Allen and Tapscott

b) That Lot 26 DP 850443 - Green Point Road, Millingandi - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 5 hectares.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

RESOLVED on the motion of Crs Mawhinney and Tapscott

c) That Lots 721 & 722 DP 826975 - Princes Highway, Millingandi - be removed from the Planning Proposal.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

RESOLVED on the motion of Crs Tapscott and Allen

d) That Lot 262 DP 1162287 - Nutley’s Creek Road, Bermagui - be zoned E3 Environmental Management and E2 Environmental Conservation as per Figure 1 of this report. Further, the minimum lot size be 4 hectares.

In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Cr Hughes

RESOLVED on the motion of Crs Hughes and Tapscott

e) That Lot 11 DP 750222 and Lot 1 DP 1172916 - Ivor Jones Drive, Wonboyn - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 120 hectares.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Allen

Against: Cr Fitzpatrick

RESOLVED on the motion of Crs Seckold and Mawhinney

f) That Lot 7321 DP 1164669 - Bega Street, Tathra, be zoned E3 Environmental Management, E2 Environmental Conservation and R2 Low Density Residential. Further, the minimum lot size for the E3 Environmental Management zoned land and E2 Environmental Conservation zoned land be 40 hectares.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

RESOLVED on the motion of Cr Taylor and Mawhinney

· That, using the delegations issued by the Minister for Planning, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

· That the owners of Lots 721 & 722 DP 826975 Princes Highway, Millingandi be advised the land has been removed from the Planning Proposal. Further that additional information is required (as detailed in this report) to enable further consideration of the matter.

· That all persons and agencies that have made submissions be advised of the above.

In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Cr Hughes

179/14

RESOLVED on the motion of Crs Mawhinney and Seckold

1. In respect of the Planning Proposal for Rural Residential Lot Sizes Council resolves the following:

a) That Council defers the item regarding Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 and adjoining properties at Bermagui Cobargo Road, Coolagolite in order to undertake a site inspection. b) That Lot 26 DP 850443 - Green Point Road, Millingandi - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 5 hectares.

c) That Lots 721 & 722 DP 826975 - Princes Highway, Millingandi - be removed from the Planning Proposal.

e) That Lot 11 DP 750222 and Lot 1 DP 1172916 - Ivor Jones Drive, Wonboyn - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 120 hectares.

2. That, using the delegations issued by the Minister for Planning, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That the owners of Lots 721 & 722 DP 826975 Princes Highway, Millingandi be advised the land has been removed from the Planning Proposal. Further that additional information is required (as detailed in this report) to enable further consideration of the matter.

4. That all persons and agencies that have made submissions be advised of the above.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

9. Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice, Councillor Seckold assumed the chair for this section of the agenda.

9.1

Youth Council Nominations 2014/15

RESOLVED on the motion of Cr Allen seconded Cr Mawhinney

That Council agree with the recommendations contained in the confidential attachment and that all nominees be elected.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

180/14

RESOLVED on the motion of Crs Allen and Mawhinney

That the following persons be appointed to fill the vacancies on the Youth Council for the 2014/15 year.

· Garry Protheroi

· Sarah Halin

· Caitlin O’Bryan

· Tas Fitzer

· Niamh Nicol

· Imogen Pittolo

· Jaimee Inkster

· Meg Smith

· Madeline Gordon

· Kacey Radford

· Ashlee Walker

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

10. Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.

10.1

Regional Development Australia Conference 2014

181/14

RESOLVED on the motion of Crs Fitzpatrick and Taylor

That no Councillor representative be nominated to attend the conference, noting a senior staff member will attend.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

11. Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.

11.1

Supply and Installation of Sewer CCTV Equipment

RESOLVED on the motion of Cr Britten and Taylor

That Council accept the recommendations as outlined in the confidential attachment.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

182/14

RESOLVED on the motion of Crs Britten and McBain

1. That Council accept the tender submission from Austeck Pty Ltd in relation to the supply and installation of sewer CCTV equipment as described in RFT 32/14, in the amount of $186,725 (including GST), subject to variations, provisional sums and prime cost items.

2. That authority is delegated to the General Manager to execute all necessary documentation.

3 That other suppliers be advised of Council’s decision.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

11.2

Compulsory acquisition of easement at Pambula for the purpose of a sewerage pipeline

183/14

RESOLVED on the motion of Crs Britten and Taylor

1. That Council proceed with compulsory acquisition of easement (A) created in Lot 447 DP 729170, Lot 356 DP 41837, Lot 501 DP 821437 and Lots 527 and 528 DP 47546 for the purpose of a sewerage pipeline in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. That the General Manager be delegated authority to apply to the Minister for Local Government and/or the Governor for approval to acquire the easement (A) created in Lot 447 DP 729170, Lot 356 DP 41837, Lot 501 DP 821437 and Lots 527 and 528 DP 47546 by compulsory process under Section 186 of the Local Government Act 1993.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

11.3

CWF Consultative Committee Membership

184/14

RESOLVED on the motion of Crs Britten and McBain

That Mr Ben Hobill be appointed to the CWF Consultative Committee

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

S.1

Dickinson Oval Pavillion, Bermagui - Tender for Reconstruction

RESOLVED on the motion of Crs Britten and Mawhinney

That Council accept the recommendations as outlined in the confidential attachment.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

185/14

RESOLVED on the motion of Crs Britten and Mawhinney

1. Council accept the revised tender submission from Zauner Construction P/L in relation to the Dickinson Oval Pavilion, Bermagui – Tender for Reconstruction, in the amount of $600,000 (ex GST), subject to variations and prime cost items.

2. That authority is delegated to the General Manager to execute all necessary documentation.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

12. Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

12.1

Fees and Charges 2015 - requested amendments

186/14

RESOLVED on the motion of Crs Tapscott and Seckold

1. That the proposed amendments as to the 2014-15 Fees and Charges as outlined in the report Council of 20 August 2014, be accepted:

· Road Closure Application Fees

· Hall Fees

· Room Hire Fees

· Developers Contribution Section 94 CP1 Existing Rural Roads

2. That the following change be made to the Fees and Charges as outlined in the report Council of 20 August 2014

· Cemeteries – Other Charges – Maintenance Fee

Maintenance fee (for burial licences over 20 years old payable at time of burial be only applicable to licences purchased from the 2014/15 Financial Year and onwards.

3. The revised Fees and Charges be placed on 28 day public exhibition for the period 21 August – 17 September 2014:

4. That submissions and feedback be considered by Council prior to adoption

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

12.2

Certificate of Investments made under Section 625 of the Local Government Act 1993

187/14

RESOLVED on the motion of Crs Allen and McBain

1. That Council receive and note the attached report indicating Council’s Investment position.

2. That Council note the Certificate of the Responsible Accounting Officer.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

2.46 pm The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

188/14

RESOLVED on the motion of Crs McBain and Mawhinney

That all motions recorded in the Standing Committees, including declarations of interest and votes for and against, be adopted in and by the Ordinary Council Meeting, excluding Item S1 - Dickinson Oval Pavillion, Bermagui – Tender for Reconstruction.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Item S1 - Dickinson Oval Pavillion, Bermagui – Tender for Reconstruction.

RESOLVED on the motion of Crs Britten and Mawhinney

1. That Council accept the revised tender submission from Zauner Construction P/L in relation to the Dickinson Oval Pavilion, Bermagui – Tender for Reconstruction, in the amount of $600,000 (ex GST), subject to variations and prime cost items.

2. That authority is delegated to the General Manager to execute all necessary documentation.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

14. Delegates Reports

14.1	South East Arts - Meeting held 18 July 2014 - Cr Liz Seckold
	A full report on the South East Arts meeting formed part of the Agenda for the meeting of 20 August 2014.
	Councillors noted Cr Seckold’s delegates report..

14.2	Sapphire Coast Learning Communities Performing Arts Festival
	Cr Russell Fitzpatrick advised he attended performances by the Sapphire Coast Learning Community at their Performing Arts Festival on 29 and 30 July. He commended the event to Councillors encouraging them to attend in future.
	Councillors noted Cr Fitzpatrick’s report

14.3

South East Regional Organisation of Councils SEROC

Cr Bill Taylor advised he had attended the SEROC meeting held in Boorowa last Friday as an observer. A copy of the minutes will be provided to Councillors when received. SEROC are looking forward to Bega Valley Shire Council joining the organisation, noting the association with the ACT area is a focus point for the organisation.

Southern Councils Group membership (SCG) will continue until 30 June 2015. Councillors were advise SCG has resolved to concentrate its base to the Illawarra area and are aware of Bega Valley Shire Council’s intention to join SEROC and cease membership of SCG

Councillors noted Cr Taylor’s delegates report..

15. Rescission/alteration Motions

There were no rescission motions

16. Notices of Motion

There were no Notices of Motion.

17. Urgent Business

There was no urgent business.

18. Questions On Notice

18.1	Federal Government Budget impact on Bega Valley Shire Council
	A response to the question on notice regarding the Federal Budget impact formed part of the Agenda for the meeting of 20 August 2014.
	Councillors noted the response provided and the verbal update from the Group Manager Strategy and Business Services that advice of actual funding amounts has now been provided with a shortfall of approximately $150,000, to that budgeted by Council. Council had budgeted on 2013/14 funding and anticipated an increase in line with indexation. The shortfall and proposed ongoing freezing of any indexation will be analysed and information reported to Councillors.

18.2	Heating for New Regional Hospital
	A response to the question on notice regarding the Federal Budget impact formed part of the Agenda for the meeting of 20 August 2014.
	Councillors noted the response provided.

19. Questions for the Next Meeting

19.1

Equestrian Centre - establishment of Committee to prepare Business Plan

Cr Russell Fitzpatrick Cr Russell Fitzpatrick asked could Bega Valley Shire Council receive a report regarding forming a committee to prepare a Business Plan for the establishment of an equestrian centre at Sapphire Coast Racing Complex at Kalaru or elsewhere in the Shire.

Such a committee to have representatives from the Sapphire Coast Turf Club, pony clubs and show jumping organisations and that Council contact these groups to request nomination of representatives.

Council work with and provide assistance to the committee in formulating a business plan and seek funding opportunities available for the establishment of an equestrian centre within the Bega Valley Shire.

The question was taken on notice by the Acting General Manager.

19.2

Twyford Hall seating improvements

Cr Russell Fitzpatrick asked could Council receive a report on the opportunity of working with the Twyford Hall Committee to examine funding and borrowing opportunities that Council may be able to assist with in regard to interest cost offsets under the LIRS program of the NSW State Government.

Councillors were given the opportunity to view the Twyford Hall Committee plans to construct a raked seating performance space at the current Twyford Hall site. Total cost of the proposed development could be in the vicinity of $2 to $3 million and the committee are prepared for repayments that are affordable.

The question was taken on notice by the Group Manager Strategy and Business Services.

19.3

Merimbula Development options

Cr Russell Fitzpatrick asked that with Council now about to commence works on the Merimbula By-Pass could Councillors be presented with development options for a possible tiered car park in the Palmer Street, Merimbula Car Park area.

He requested that the report should include, but not be limited to:

· Costing of development

· Number of possible car parking spaces

· Pedestrian connection/access to Market Street

· Possible retail/commercial opportunities for sale of top level air space for development.

· Possible joint venture development.

The Group Manager Strategy and Business Services advised that Council had sought expression of interest, seeking development opportunities and potential for a number of Council owned sites in Merimbula. The work has been deferred pending finalisation of the Merimbula CBD By-pass. A further will be presented in due course

19.4

Mobile Homes - restriction to construction onsite

Cr Russell Fitzpatrick asked about possible changes to Bega Valley Shire Council policies regarding construction of mobile homes on site.

He advised under current State Government Legislation the construction of mobile homes on caravan park grounds is not permitted and such must be constructed off site and transported to the site. Cr Fitzpatrick advised he understood this policy carried through to Bega Valley Shire Council’s policy.

He noted that this has seen local builders in the Bega Valley Shire and caravan park owners not proceed with works as transport costs, along with building costs made proposals not commercially viable.

He asked could the only requirement be that the actual building meets the definition of a mobile/transportable home. Cr Fitzpatrick requested that Bega Valley Shire Council provide options to change its policy to allow construction of mobile/transportable homes on site or if required lobby the NSW State Government to change is policy accordingly.

The Group Manager Planning and Environment advised that Council cannot vary the NSW State Government regulation. A report can be prepared for Council proposing a request to the NSW State Government to change the policy.

19.5

Road Kill incidents on local roads

Cr Sharon Tapscott noted that in her opinion the number of road kill incidents appears to be increasing.

Cr Tapscott asked did Council bear the cost of removal of the animals and noted the costs to individuals in regard to damage to the vehicles and if Council has a policy on ways to reduce the number of animals killed on the local roads.

The Acting General Manager responded that it is the responsibility of the driver of the vehicle to clear any debris or animal carcasses and to call WIRES if the animal is injured.

He advised Council will remove carcasses in urban areas but not in rural areas.

Council posts warning signs in appropriate areas however the responsibility for road speed limits rests with the Roads and Maritime Services.

19.6

Bus stops in Merimbula CBD - proposed relocation

Cr Kristy McBain asked about the possibility of moving the location of Bus Stops from the CBD in Merimbula toward the service station on Merimbula Drive.

She understood the matter needed reporting to the Traffic Committee but had not seen the matter in the minutes of that committee.

The question was taken on notice Acting General Manager

20. Confidential Business

Adjournment Into Closed Session

189/14

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council deal with the matter in open Council

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

20.1

General Manager mid-term performance review and annual performance plan

190/14

RESOLVED on the motion of Crs Allen and Fitzpatrick

1. That Council endorse the General Manager’s Performance Agreement (for Leanne Barnes) for the period 1 July 2014 to 30 June 2015.

2. That the six monthly review meeting be held in February 2015.

In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

21. Adoption of reports from Closed Session

There were no Closed Session Reports.

22. Resolutions to declassify reports considered in closed session

There were no reports declassified.

Closure

There being no further business, the Chairperson closed the meeting at 3.15 pm.

CONFIRMED .......................................................................................................

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 August 2014.